Seventh Circuit Holds Oneida Owes No Stormwater Fees to Village of Hobart

Here are the materials in Oneida Tribe of Indians of Wisconsin v. Village of Hobart:

CA7 Opinion

Village of Hobart Brief

Oneida Brief

United States Brief

Village of Hobart Reply

An excerpt from Judge Posner’s opinion:

Nevertheless we can imagine an argument, built on our earlier example of the Village’s authority to deploy its firefighters on Indian parcels, for an exception of necessity—a common law graft onto the Clean Water Act—to the Oneida tribe’s exclusive authority over Indian land. But the Village doesn’t argue for such an exception; it doesn’t deny the feasibility of cooperative arrangements between it and the tribe, which has signed cooperative service agreements with other government bodies in the area.

So Hobart loses its case against the tribe. And there is another reason it must lose. Because federal law forbids states and local authorities to tax Indian lands, the tribe can’t be forced to pay the assessment decreed by the challenged ordinance if the assessment is a tax.

Lower court materials here.

This entry was posted in Author: Matthew L.M. Fletcher, fee to trust, Research, trust relationship and tagged , , , . Bookmark the permalink.

5 Responses to Seventh Circuit Holds Oneida Owes No Stormwater Fees to Village of Hobart

  1. Henry M. Buffalo Jr. says:

    Another fun Posner read: “Anyway there are no tribal (Oneida) debts to Hobart” the end. Congrats to Oneida, Arlinda and Jim.

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